United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2004_register executive 2010-09-22 article Part III Rules and Regulations D09002ee1c815c8b6 D09002ee1c815c9b4 United States Environmental Protection Agency originator org United States Government Agency or Subagency In today's action, EPA is revising one element of a final rule published on January 18, 2000, regarding petitions filed by four Northeastern States under section 126 of the Clean Air Act (CAA). The petitions seek to mitigate interstate transport of nitrogen oxides (NO<INF>X</INF>), one of the main precursors of ground-level ozone pollution. The final rule partially approved the four petitions under the 1-hour ozone national ambient air quality standard, thereby requiring certain types of sources located in 12 States and the District of Columbia to reduce their NO<INF>X</INF> emissions. Subsequently, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision on a related EPA regulatory action, the NO<INF>X</INF> State implementation plan call (NO<INF>X</INF> SIP Call), that has relevance to the Section 126 Rule. Although the court decision did not directly address the State of Michigan, the reasoning of the court regarding the significance of NO<INF>X</INF> emissions from sources in two other States called into question the inclusion of a portion of Michigan in the area covered by the NO<INF>X</INF> SIP Call. In response, the EPA is removing that portion of Michigan, known as the "coarse grid" portion, from the NO<INF>X</INF> SIP Call. The Section 126 Rule is based on many of the same analyses and information used for the NO<INF>X</INF> SIP Call and covers part of Michigan. Thus, in light of EPA's response to the court ruling on the NO<INF>X</INF> SIP Call, EPA is also withdrawing its section 126 findings and denying the petitions under the 1-hour ozone standard with respect to sources located in the coarse grid portion of Michigan. The EPA has not identified any existing section 126 sources located in the affected portion of the coarse grid. The EPA is also revising the definition of the "applicable requirement" for title V operating permit programs by providing expressly that any standard or other requirement under section 126 is an applicable requirement and must be included in operating permits issued under title V of the CAA. 69 FR 31498 https://www.govinfo.gov/app/details/FR-2004-06-03/04-12553 04-12553 fr03jn04-13 RIN 2060-AJ36 6560-50-P FRL-7669-6 https://www.govinfo.gov/app/details/FR-2004-06-03/04-12553 https://www.govinfo.gov/content/pkg/FR-2004-06-03/html/04-12553.htm https://www.govinfo.gov/content/pkg/FR-2004-06-03/pdf/04-12553.pdf Environmental Protection Air Pollution Control Intergovernmental Relations Nitrogen Dioxide Ozone Reporting and Recordkeeping Requirements Administrative Practice and Procedure 8 p. 31498 31505 69 FR 31498 Title 40 Part 52 40 CFR Part 52 Title 40 Part 70 40 CFR Part 70 Title 40 Part 71 40 CFR Part 71 RIN 2060-AJ36 Rulemaking on Section 126 Petitions From New York and Connecticut Regarding Sources in Michigan; Revision of Definition of Applicable Requirement for Title V Operating Permit Programs; Federal Register Vol. 69, Issue RULE 04-12553 III ENVIRONMENTAL PROTECTION AGENCY 2004-07-06 FRL-7669-6 6560-50-P 04-12553 Final rule.

In today's action, EPA is revising one element of a final rule published on January 18, 2000, regarding petitions filed by four Northeastern States under section 126 of the Clean Air Act (CAA). The petitions seek to mitigate interstate transport of nitrogen oxides (NO<INF>X</INF>), one of the main precursors of ground-level ozone pollution. The final rule partially approved the four petitions under the 1-hour ozone national ambient air quality standard, thereby requiring certain types of sources located in 12 States and the District of Columbia to reduce their NO<INF>X</INF> emissions. Subsequently, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision on a related EPA regulatory action, the NO<INF>X</INF> State implementation plan call (NO<INF>X</INF> SIP Call), that has relevance to the Section 126 Rule. Although the court decision did not directly address the State of Michigan, the reasoning of the court regarding the significance of NO<INF>X</INF> emissions from sources in two other States called into question the inclusion of a portion of Michigan in the area covered by the NO<INF>X</INF> SIP Call. In response, the EPA is removing that portion of Michigan, known as the "coarse grid" portion, from the NO<INF>X</INF> SIP Call. The Section 126 Rule is based on many of the same analyses and information used for the NO<INF>X</INF> SIP Call and covers part of Michigan. Thus, in light of EPA's response to the court ruling on the NO<INF>X</INF> SIP Call, EPA is also withdrawing its section 126 findings and denying the petitions under the 1-hour ozone standard with respect to sources located in the coarse grid portion of Michigan. The EPA has not identified any existing section 126 sources located in the affected portion of the coarse grid. The EPA is also revising the definition of the "applicable requirement" for title V operating permit programs by providing expressly that any standard or other requirement under section 126 is an applicable requirement and must be included in operating permits issued under title V of the CAA.

This final rule is effective July 6, 2004. Questions concerning today's action Environmental Protection Air Pollution Control Intergovernmental Relations Nitrogen Dioxide Ozone Reporting and Recordkeeping Requirements Administrative Practice and Procedure Air programs; approval and promulgation; State plans for designated facilities and pollutants: New York and Connecticut, oldham.carla@epa.gov http://www.epa.gov/edocket/ http://www.epa.gov/fedrgstr/ http://www.epa.gov/ttn/naaqs/ozone/rto/126/index.html http://www.epa.gov/ttn/otag/finalrpt/ Vol. 69, no. 107 Office of the Federal Register, National Archives and Records Administration 2004-06-03 continuing daily deposited born digital 233 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2004-06-03 P0b002ee18096cd18 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr03jn04 https://www.govinfo.gov/app/details/FR-2004-06-03 https://www.govinfo.gov/content/pkg/FR-2004-06-03/pdf/FR-2004-06-03.pdf https://www.govinfo.gov/content/pkg/FR-2004-06-03/xml/FR-2004-06-03.xml fdlp 31287 31510 DGPO 2010-09-22 2024-06-06 FR-2004-06-03 machine generated eng FR FR-2004-06-03 69 107